Justice Asif Saeed Khosa of the Lahore High Court (LHC) admitted a petition for regular hearing challenging the restriction on contesting third time election for the office of prime minister or chief minister. The judge issued notice to the attorney general of Pakistan for January 18.
Judge also referred the case to Chief Justice to constitute a larger bench to decide the matter. Bar member Tariq Aziz Malik moved the petition under Article 199 of the Constitution in which he submitted that this restriction was imposed through chief executive Order 19 of 2002. It highlights that any person who had already held the office of prime minister or chief minister twice should not be qualified to hold the office of prime minister or chief minister for third time.
However, Tariq said it was against the constitutional right of a person to take part in the election as many number of times he/she wants. He said that Article 62 and 63 laid down the qualification for a person to be elected as member of national or provincial assembly and it had not imposed any restriction of third time election and this constitutional right could not be taken away through an executive order.